Law Offices of Virginia C. Cornwell

A Columbus Ohio Family Law Attorney on Moving and Relocation, Part 1

December 17, 2010

A Columbus Ohio Family Law Lawyer article on Moving and Relocation Requirements and Restrictions. This article applies to both in state and interstate moves. It is the first article in a four-part series on relocation. To view the other articles, click any of the following links: Part 2, Part 3, Part 4, Part 5

In Family Law, moving, or, as the Ohio Revised Code calls it, “relocation” is often problematic. When court ordered parenting time has already been established, with few exceptions (primarily domestic violence convictions) Ohio Revised Code 3019.051(G)(1) requires the residential parent (in shared parenting BOTH parents are the residential parent) to file a Notice of Intent to Relocate with the court if they intend to move to any residence other than the residence specified in the parenting time (visitation) or decree (shared parenting). Once that happens, the court is required to send a notice to the other parent. (Note, however, that the Ohio Rules of Civil Procedure require the parent filing the Notice of Intent to Relocate to serve the other parent with a copy of ALL documents filed with the court.)

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Once the court receives the notice it must send a copy to the other parent. Pursuant to Ohio Revised Code 3019.051(G)(1), the court, on it’s own, MAY (but is not required to) schedule a hearing, with notice to both parents, to determine whether it is in the best interest of the child to modify the current parenting time schedule. Even if the court does not set a hearing, the parent who is not moving can also file a motion and request a hearing to review parenting time, custody, shared parenting, school placement parent and more.

The amount of notice the moving parent must give is governed by the terms of the parties’ current parenting time order or shared parenting plan. In addition, terms regarding moving may be addressed in the Local Rules of the Court which made the original parenting time order. For example, in some counties the Local Rules mandate that if the school placement parent moves out of the county, the other parent automatically becomes the school placement parent until further order of the court. While that example is extreme, it helps to explain why it is important to read the local rules of your court to determine what, if any, provisions are contained regarding relocation notices.

Most courts have a form for providing notice of relocation. Franklin County’s form is less detailed than some other county forms, but it gives you an idea of what to expect. If your county does not, you could probably modify the form of another county and use that.

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Comments

Need to know if a parent moves from one county to another and a stipulation on vistition is known but the parent did not notify the courts that they were move nor the other parent was not notified of this move and now its hard for him or her to follow the custody visition order does the other parent have the right to change it so this can work out for his or her family house hole. and how can he or she this done

I previously had shared parenting in which myself and the other party alternated every other week. Recently I was awarded sole residential and primary custodian. I had planned to move out of town with my child to where I had received a job offer. Two weeks ago I received a subpoena in court for shared parenting again. My question is do I have to notify the court of my intent to move if I am currently the residential and legal custodian of our child?

Hello. I read this because I am currently in a shared parenting plan. I work 45 minutes from where we live. I want to move here so that I could see my daughter more. The parenting agreement includes her not moving out of that county. But I plan to file a notice to relocate. I dont know where to begin. Her father is 8 years older than me and is smarter. I just want to be prepared before I file anything. I know i need to revise plan and have a something ready to explain why it will benefit for her. Any suggestions?

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